"[1] Review the fiduciary manager's proxy voting policy and guidelines ... [2] Review any proxy service provider policies and guidelines ... [3] Review the plan asset fund's subscription agreements ... [4] Review side letters with ERISA investors ... [5] Review ERISA SMAs."  MORE >>

"[1] Emergency savings accounts linked to individual account plans ... [2] No pre-death Roth required minimum distributions ... [3] Surviving spouse election to be treated as employee ... [4] Withdrawals for individual cases of domestic abuse ... [5] Withdrawals for certain emergency expenses ... [6] Updating dollar limit for mandatory small benefit distributions."  MORE >>

"The Tenth Circuit explained that a court cannot reasonably draw an inference of imprudence simply from the allegation that a cost disparity exists; rather, the complaint must state facts to show the funds or services being compared are, indeed, comparable. The allegations must allow for an 'apples-to-apples' comparison." [Matney v. Barrick Gold of N. Am., No. 22-404 (10th Cir. Sept. 6, 2023)]  MORE >>

"[T]he judge expressed skepticism toward ESG investing and stated that it is not 'unsympathetic to Plaintiffs' concerns over ESG investing trends.' That being said, the court was evaluating whether the rulemaking was contrary to law and not whether it thought the 2022 ESG Rule represents the optimal policy outcome. Regardless, the court's reliance on Chevron in particular may make the rule vulnerable to a challenge should the states appeal to the 5th Circuit." [Utah v. Walsh, No. 23-0016 (N.D. Tex. Sep. 21, 23)]  MORE >>

"The address for overnight deliveries of paper premium checks is changing effective October 6, 2023. If you (or one of your clients) plans to send a paper check using an overnight delivery service in October, please be sure to review PBGC’s updated premium payment instructions webpage."  MORE >>

"[This summary] outlines the similarities and differences between 403(b) and 401(k) plans. Knowing these factors can help ensure you choose the best retirement plan for your tax-exempt organization."  MORE >>

"[W]hile the current percentage of participants taking 401(k) loans increased across all age groups, average loan amounts decreased from 2022 to 2023 among all cohorts expect for participants between the ages of 50 to 59, who also had the highest loan balances."  MORE >>

"[F]ewer employees are prioritizing long-term retirement savings (31%, down from 45% in 2022) as a growing number are focusing on short-term financial needs, including paying off credit card debt (16% vs. 11% in 2022) and saving for the unexpected (13% vs. 8% in 2022). This is the first year in the [BofA] annual report's 13-year history that women did not rank saving for retirement as their top financial goal, replaced by paying off credit card debt."  MORE >>

"It's not a profitable economic opportunity to sign up new participants in multi-vendor K-12 public school 403(b) plans, as currently structured. Enrollments are subsidized by predatory ancillary sales and mostly unneeded exchanges.... Agents are using the 403(b) as a loss leader to sell even more predatory products."  MORE >>

"As with many later-stage startup companies, Instacart's initial public offering (IPO) is as much about its human capital as its financial capital. Grants of restricted stock units (RSUs) and stock options are important forms of compensation for Instacart employees -- but to cash in, they needed a liquidity event for the company's stock."  MORE >>